AB50,1261,1414(a) A shallow ledge around the periphery of the pond. AB50,1261,1615(b) Vegetation that is not less than 24 inches high between the pond and any 16easy point of access. AB50,1261,1717(c) Any other alternative safety feature authorized by the department by rule. AB50,255718Section 2557. 283.35 (1) of the statutes is amended to read: AB50,1261,2319283.35 (1) Authorization. Instead of issuing a separate permit to an 20individual point source, the department may issue a general permit applicable to a 21designated area of the state authorizing discharges from specified categories or 22classes of point sources located within that area. The department shall charge a 23processing fee of $425 for each permit issued under this subsection. AB50,255824Section 2558. 283.35 (1m) of the statutes is repealed. AB50,2559
1Section 2559. 285.69 (2) (a) 12. of the statutes is amended to read: AB50,1262,52285.69 (2) (a) 12. That the fee billed in 2013 and each year thereafter to 2024 3equals $35.71 per ton of emissions specified under subd. 8. and that the fee billed in 42025 and each year thereafter equals $63.69 per ton of emissions specified under 5subd. 8. AB50,25606Section 2560. 289.33 (3) (d) of the statutes is amended to read: AB50,1262,247289.33 (3) (d) “Local approval” includes any requirement for a permit, license, 8authorization, approval, variance or exception or any restriction, condition of 9approval or other restriction, regulation, requirement or prohibition imposed by a 10charter ordinance, general ordinance, zoning ordinance, resolution or regulation by 11a town, city, village, county or special purpose district, including without limitation 12because of enumeration any ordinance, resolution or regulation adopted under s. 1391.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), 14(5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), 15(25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), 16(19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), 17(10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) (a), and (26), 59.55 18(3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and 19(16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 2059.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), 21(3), (5), (7), (8), and (10), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 2260.77, 61.34, 61.35, 61.351, 61.353, 61.354, 62.11, 62.23, 62.231, 62.233, 62.234, 2366.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of 24ch. 60, or subch. III of ch. 91. AB50,2561
1Section 2561. 292.11 (8m) of the statutes is created to read: AB50,1263,52292.11 (8m) Site-specific standards. If no standard exists for a hazardous 3substance, the person responsible under sub. (3) shall propose site-specific 4environmental standards for department approval for the actions required under 5this chapter and rules promulgated under this chapter. AB50,25626Section 2562. 292.11 (9) (g) of the statutes is created to read: AB50,1263,107292.11 (9) (g) 1. In this paragraph, “PFAS” means a perfluoroalkyl or 8polyfluoroalkyl substances for which there is a state or federal standard, a public 9health recommendation from the department of health services under s. 160.07, or 10a health advisory issued by the federal environmental protection agency. AB50,1263,13112. Except as provided in subd. 3, a person who possesses or controls property 12where a PFAS discharge occurred is exempt from subs. (3), (4), and (7) (b) and (c) for 13the PFAS discharge if all of the following apply: AB50,1263,1414a. The property is exclusively used for agricultural use or residential use. AB50,1263,1615b. The discharge was caused by land application of sludge permitted under ch. 16283. AB50,1263,2117c. The person who possesses or controls the property where the PFAS 18discharge occurred agrees to allow the department, any authorized representatives 19of the department, any party that possessed or controlled the PFAS or caused the 20discharge of the PFAS, and any consultant or contractor of such a party to enter the 21property to take action to respond to the discharge. AB50,1264,222d. The person who possesses or controls the property where the PFAS 23discharge occurred does not interfere with any action taken in response to the
1discharge and does not take any action that worsens or contributes to the PFAS 2discharge. AB50,1264,83e. The person who possesses or controls the property where the PFAS 4discharge occurred follows any other condition that the department determines is 5reasonable and necessary to ensure that the department or other person described 6in subd. 2. c. is able to adequately respond to the discharge, including taking action 7necessary to protect human health, safety, or welfare or the environment, taking 8into consideration the current or intended use of the property. AB50,1264,129f. The person who possesses or controls the property where the PFAS 10discharge occurred allows the department to limit public access to the property if 11the department determines such limitation of access is necessary to prevent an 12imminent threat to human health, safety, or welfare or to the environment. AB50,1264,14133. a. The exemption under subd. 2. does not apply to any substances other 14than PFAS. AB50,1264,1715b. The exemption under subd. 2. does not apply if the person that possesses or 16controls the property where the PFAS discharge occurred takes action that worsens 17or contributes to the PFAS discharge. AB50,1265,4184. A person who is exempt from subs. (3), (4), and (7) (b) and (c) pursuant to 19subd. 2. shall provide written disclosure to any prospective purchaser of the 20property, either through sale or land contract, before entering into a contract and to 21prospective tenants of the property, including agricultural and residential tenants 22before entering into a lease agreement. Written disclosure shall be provided to any 23current tenants as soon as reasonably practicable and upon any reissuance or 24renewal of a lease. Written disclosure shall include, at a minimum, a description of
1the type of contamination, the location and description of any action taken to 2control or treat the contamination, PFAS sample dates and results, and a 3description of compliance with reporting required under sub. (2). A copy of the 4disclosure shall be provided to the department upon request. AB50,1265,855. The exemption under subd. 2 may not be transferred to a subsequent owner 6of the property on which the PFAS discharge occurred. Each person that possesses 7or controls the property where the PFAS discharge occurred must establish 8eligibility for the exemption under subd. 2. AB50,1265,1796. A person may submit to the department information supporting that the 10person satisfies the requirements of subd. 2. The department shall issue a written 11determination that a person who possesses or controls property where the PFAS 12discharge occurred is exempt from subs. (3), (4), and (7) (b) and (c) if the person 13satisfies the requirements in subd. 2. The department may request additional 14information before issuing a determination. The department may revoke its 15determination if it determines that any of the requirements of subd. 2 cease to be 16met. The department may, in accordance with rules that it promulgates, assess and 17collect fees to offset the costs of issuing determinations under this subdivision. AB50,1265,18187. The exemption under subd. 2. does not apply after December 31, 2035. AB50,256319Section 2563. 292.11 (14) of the statutes is created to read: AB50,1265,2420292.11 (14) Determination of responsible party. Applications for 21compensation or grants under the well compensation program under s. 281.75, the 22county well testing grant program under s. 281.54, or any state financial assistance 23program funded by the federal American Rescue Plan Act of 2021, P.L. 117-2, may 24not be used by the department to determine responsibility under sub. (3).